Law:

Section:

Civil Procedure Code (v of 1908)---O.Vl, R.17--Constitution of Pakistan (1973), Art. 185 (3)--Trial Court having allowed amendment of plaint failed to give opportunity to defendants to submit written statement--Such plea having been conceded by the plaintiff High Curt remanded case for correcting the error--Defendant's contention that there was no need for amendment of written statement and that High Court accepting defendant's appeal and remanding the case was liable to be set aside; was repelled being without any force--Facts and circumstances of case fully justified High Court's acceptance of the contention of the petitioner/defendant's counsel who was their duly constituted agent--Appeal being devoid of merit was dismissed. ORDER USMAN ALI SHAH, J.--Leave to appeal has been sought by the defendant side in a suit for declaration; against the acceptance by the High Court, of their appeal and consequential remand order for further proceedings by the trial Court. 2. One of the grievances of the petitioners in the grounds of appeal submitted before the High Court, was that the respondent/plaintiff side had been permitted to amend their plaint subject to conditions including that the petitioners (appellants before the High Court) would be entitled to submit amended written statement to the amended plaint. And that the trial Court had in that round failed to fulfil this condition, therefore, the decree passed against the petitioners was liable to be set aside on account of this "serious legal error". It was also asserted that the act of the trial Court in this behalf was against the…

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